New Hampshire jury says Sheila Labarre was sane;
sentenced to life in prison
By Clare Traspasso - EagleTribune.com
June 21, 2008
BRENTWOOD, N.H. — A woman who claimed
she was an angel sent from God to punish pedophiles was sentenced
yesterday to life in prison without parole for killing two boyfriends
whose remains were found scattered around her New Hampshire farm.
A jury yesterday found Sheila LaBarre
was sane when she committed the murders. Since she already had
admitted that the state could prove her guilty of two counts of
first-degree murder, the jury's only task during the five-week trial
was determining whether she was insane when she killed Michael Deloge
in 2005 and Kenneth Countie in 2006.
As the jury filed out after the
verdict, family members of the victims burst into applause.
"This is for my son," said Countie's
mother, Carolynn Lodge. "(For) two years, my son could not rest. Now
he can rest."
Defense lawyer Jeffrey Denner said he
plans to file an appeal.
"It continues to be our belief that
she's deeply crazy and insane," he said. "We also understand there's a
huge amount of emotion in this case that clouds this issue."
The jury returned its verdict about
13 hours after deliberations began Thursday morning.
The burden of proof was on the
defense to show both that LaBarre, 49, of Epping, suffered from a
mental disease and that the murders were a product of that illness.
Defense lawyers argued that LaBarre was a delusional woman who
believed every man in her life was a pedophile and who saw herself as
an avenging angel. But the prosecution countered that she was a
"crude, manipulative, cruel and vindictive" woman who violently lashed
out at the men she dated.
Dr. Albert Drukteinis, the state's
forensic psychologist, testified that he believed LaBarre was sane,
based on reviewing more than 8,000 pages in the case file,
interviewing LaBarre three times and spending more than 12 hours with
her. He said her intense anger, obsession with pedophilia and paranoia
are signs of mood and personality disorders that are severe enough to
cause her to be psychotic at times, but there was not enough evidence
to show a mental illness caused LaBarre to commit her crimes.
"She answered questions well, she
tried to explain evidence away that made her look bad. This is not
what someone sees over many hours in a person who is psychotic,"
In a taped interview with Drukteinis
played in court, LaBarre said she was driven to kill Deloge because he
was hurting and killing her animals. In a separate interview, she said
Countie's death was an accident and that she cremated him not to cover
up a crime, but to keep his mother from ever seeing the body again.
Jurors also heard some of the
hundreds of tape recordings LaBarre made of herself, some of which
featured her interrogating or berating her victims. Malcolm Rogers, a
forensic psychologist who testified for the defense, said those tapes
illustrated that LaBarre has either a schizophrenic affect disorder or
a delusional disorder, which caused her to mistakenly believe the men
were pedophiles and to kill them.
Rogers also said LaBarre believes she
once died of a drug overdose but was sent back to Earth as an angel
with special powers, which explains the grandiose manner in which she
speaks on the tapes.
Countie, 24, met LaBarre through a
personal ad in February 2006. He moved in with her soon after and was
last seen alive that March, being pushed by LaBarre in a wheelchair at
Wal-Mart, his face and hands covered with cuts. A few days later, when
police went to LaBarre's home to check on him, they found her tending
a burning pile of trash containing what later was identified as
She was arrested about a week later
and charged with Countie's death. Though police suspected her in
Deloge's disappearance as well, she was not officially connected to
his death until she pleaded not guilty by reason of insanity to both
deaths in February.
Countie's mother described her son as
someone who trusted others easily and believed he was starting a new
life with LaBarre.
"Sheila LaBarre took advantage of my
son, who was a kind, caring, gentle young man who could not socially
defend himself," she said. "She was a master of evil who deliberately
tortured him. Sheila LaBarre stripped my son of all his dignity and
self worth, and in the end, she murdered him."
Had LaBarre been found insane, there
would have been be a further hearing to determine whether she is
dangerous and needs to be held in a secure facility. In that case, she
would have been held at the state prison's psychiatric unit and her
status would be reviewed by the court every five years.
NH Police: Charred tools, bone fragments found
May 28, 2008
BRENTWOOD, N.H. (AP) _ A police lieutenant
testified in Sheila LaBarre's insanity trial Wednesday that officers
found charred, corroded pruning shears and hedge clippers in a barrel
of ashes on her Epping farm in the days after she murdered boyfriend
Kenneth Countie, as well as a melted knife and bone fragments.
Lt. Michael Wallace of Epping also said police
removed the contents of LaBarre's septic system and found bullet
casings and a Connecticut birth certificate belonging to Michael
LaBarre has pleaded not guilty by reason of
insanity to killing Deloge and Countie.
During his second day on the stand, Wallace said he
and other officers searched LaBarre's farm on March 25, 2006, as part
of an investigation into the disappearance of Countie. At the farm,
police found a barrel filled with ashes. Wallace said he and the other
officers dumped the barrel onto a blue tarp and used a sifter they
found nearby to go through the contents.
"The bone fragments were very small, less than an
inch," said Wallace. "They were very brittle. Some would break in your
hand. They were off-white, not charred like I thought they'd be."
The jury also heard from Elaine Sommer, an employee
at the Epping Wal-Mart in the winter of 2006, the same time LaBarre
was seen in the store with Countie. She described an incident in which
LaBarre was "flipping out" about an alleged altercation between
Countie and another customer. She complained to the management that
Countie had been pushed by another customer and demanded management do
Sommer said she saw LaBarre and Countie again on
Friday, March 17, 2006, in the Wal-Mart. This time Countie was in a
wheelchair and "his condition was worse than the first time I saw
him," she said.
"He was ashen in color," said Sommer. "He was more
cut up and bruised. Being in a wheelchair, I assumed he had trouble
The defense called Epping Police Officer Gregory
Nye, who has had a number of interactions with LaBarre. He told the
jury about a few instances when LaBarre would continually call the
station to complain about harassing phone calls. Nye said when he
suggested she call the phone company to further investigate the
matter, LaBarre became agitated.
Nye said he took "too many" calls from LaBarre and
that "she wouldn't take no for an answer" if police refused to respond
exactly the way she wanted.
LaBarre said to have tried to manipulate police
By Gretyl Macalaster - Fosters.com
May 28, 2008
BRENTWOOD — Jumping from subject to subject,
constant calls to the Epping Police Department and bizarre letters
were just "typical Sheila LaBarre," according to Epping police
Four officers have now testified that her behavior
around the time of Kenneth Countie's murder in March 2006 was no
different from usual.
LaBarre had been a regular correspondent with the
police department since she arrived in Epping in 1987. Officers,
including Chief Gregory Dodge, have testified that she called and
wrote regularly, and they often were called to the horse farm on 70
Red Oak Hill Lane where she resided.
Domestic violence calls were common, as were
complaints about suspicious people and vehicles, issues with plowing
of her road and her neighbor, Bruce Allen.
As testimony continues, the defense is trying to
prove that LaBarre was insane at the time she killed Michael Deloge in
2005 and Kenneth Countie in 2006.
On Tuesday, Dodge took the stand, as did Epping
Police Lt. Michael Wallace.
The defense's line of questioning sought to show
how LaBarre would switch from topic to topic when talking or in
letters. In particular, they focused on March 25, 2006, when Dodge and
Wallace talked with LaBarre in her home before a search warrant was
LaBarre did not respond to questions as they were
asked, and would bring up topics not mentioned by officers. She would
often lose focus of what was being asked of her and even what was she
had been talking about right before. When asked about Countie, she
would change the subject.
Wallace testified he felt LaBarre was trying to
manipulate the conversation.
"The way I would characterize it is she was
nervous, and she was changing what she would say to me during a
conversation, appearing to me like she was trying to throw the
interview off," Wallace said. "Every time I tried to ask a question
relevant to the disappearance of Kenneth Countie, it was my opinion
that Ms. LaBarre was trying to thwart the questions or manipulate the
LaBarre's history of violence with men also was
discussed. Wallace recalled the first time he went to the LaBarre home
in 1988 for a domestic disturbance call. Both Sheila LaBarre, as well
as Wilfred LaBarre, who owned the horse farm until his death in 2000,
came outside. Wilfred LaBarre had scratch marks all over his face and
neck, Wallace said. He also responded to domestic calls involving
LaBarre's ex-husband, Wayne Ennis, and ex-boyfriend, James Brackett.
A two-officer response was instituted by the
department because of LaBarre's sexual and flirtatious nature, but
that did not change her behavior.
On March 25, 2006, LaBarre informed Dodge that she
was carrying a .38-caliber Smith & Wesson handgun, as she was being
brought to the police station for questioning. When Wallace asked if
she had any other weapons on her, she lifted her shirt, exposed her
breast and started to unbutton her pants.
Prosecutor Jane Young questioned over and over
whether LaBarre had ever mentioned incest, being an avenging angel, or
protecting herself or society from pedophiles, to which both officers
said no. The first time LaBarre brought up the subject with police was
when she played a recording for Epping Sgt. Sean Gallagher on March
24, 2006, of her interrogating Countie.
In 20 years, the officers said, LaBarre's demeanor
Dodge said he did find it unusual to find LaBarre
destroying evidence on March 25, 2006, when she told officers she had
been up all night burning things, and was covered in ash and soot.
"We more or less ruined whatever plan she had in
place," Dodge said.
The defense has argued that LaBarre's messy
disposal of evidence, burning bones, mattresses and other items right
outside her front door, as well as changing her appearance by dying
her hair a noticeable bright red, are indications of her insanity.
Avenging 'angel' cries on jury tour
May 14, 2008
BRENTWOOD (AP) — Defense
attorneys for Sheila LaBarre described her Tuesday as a delusional
woman who believed every man in her life was a pedophile and who saw
herself as an avenging angel.
But the prosecution countered
in opening statements that LaBarre's unusual behavior does not mean
that she was insane when she murdered two of her boyfriends and is
instead a "crude, manipulative, cruel and vindictive" woman who
violently lashed out at the men she dated.
LaBarre's lawyers are trying to
show that she was insane when she killed Kenneth Countie and Michael
Deloge on her farm in Epping.
Attorney Brad Bailey said
LaBarre thought they and other men in her life were pedophiles and
that they were victims of incest. He said she believed people were in
the woods near her house who were "out to get her."
Bailey said that LaBarre even
believes she has died and come back to Earth.
"This is a woman who sincerely
believes she has been told by God himself, even though she's died, to
return to Earth to 'find the reason why,'" Bailey said. "A woman who
truly believes she is an angel, a spirit walking among the living, who
has returned to Earth for a special purpose."
Bailey said LaBarre believes
being a notary public gives her special powers and allows her to judge
and enact punishment, including executions. He also said LaBarre
believes that her house is haunted and that she has been physically
assaulted by ghosts.
But prosecutors said
psychiatric experts will testify that she has a mood disorder that
leads to much of her behavior.
Prosecutor Ann Rice said
LaBarre's ideas about pedophiles were a way of allowing her to
humiliate the men she killed. "It's all wrapped up in the defendant's
need to control, dominate and humiliate," she said.
Rice said LaBarre was obsessed
with sex, and her actions were part of that obsession. She also noted
that LaBarre had Countie sign over power of attorney to her and that
LaBarre's descriptions of what happened to the men changed over time.
After opening statements,
LaBarre's sister, Lynn Noojin of Alabama, took the stand. She and
LaBarre had a tumultuous childhood, Noojin said, living with an
abusive, alcoholic father. Noojin also recalled times as a child when
she suspected LaBarre had been sexually abused by their father and
then by another man.
As the two grew older, they
remained close, visiting each other regularly or talking on the phone
three or four times a week, Noojin said. During their younger adult
years, LaBarre was given the nickname "Crazy Sheila" for her sometimes
erratic behavior toward men and her cackling laugh.
During her first marriage,
LaBarre attempted suicide by overdosing on prescription drugs and
driving her car into a ditch, said Noojin. After days in a coma,
LaBarre was taken to a mental hospital, where she told Noojin she had
to "fight for her life" and regularly had to ward off sexual
This traumatic experience with
psychiatry and mental health institutions was what held Noojin back
from suggesting her sister get help when she started showing
increasingly strange and worrisome behavior, Noojin said.
"I didn't want her to be put
back in a situation where she was going to be raped or made worse,"
LaBarre has pleaded not guilty
by reason of insanity. The jury will have to determine whether LaBarre
was insane, but there is no legal definition of insanity in New
Hampshire. Bailey said the experts in the trial will show that his
client was insane.
Before opening statements, the
jury toured some of the key locations involved in the case. Jurors
visited the Wal-Mart where, according to prosecutors, workers saw a
weak and sick-looking Countie with LaBarre on two occasions in March
2006, days before he was killed. Prosecutors told jury members to note
the proximity of the Wal-Mart to the LaBarre farm.
At the 115-acre farm, jurors
were able to get out, but weren't allowed to enter the house, which
had been vandalized and not repaired. Jurors also saw where LaBarre's
coat was found and the location where her green Nissan truck was
LaBarre stoically watched the
jurors peek inside her home and wander about the yard. But as they
began to board the bus to move on to the next site, she tilted her
head back and began to cry.
Anyone who has read this blog has to understand
that I hate pedophiles. I wish the ills of the world and the torments
of hell upon them all. Beyond wishing, and writing about them, and
warning the public about them, I don’t actually set about capturing
pedophiles and inflicting heinous tortures and merciless deaths upon
them. Because that would be a) illegal and b) psycho whacko.
Unhappily for Kenneth Countie and Michael Deloge,
their girlfriend Sheila LaBarre was psycho whacko. Kenneth Countie and
Michael Deloge were not pedophiles except in Sheila LaBarre’s twisted
mind, and their innocence did nothing to alleviate their suffering and
deaths. In fact, their guilt or innocence was moot because Sheila
LaBarre just plain old enjoyed torturing and murdering them. She is a
sadist. She is a purebred hellbeast.
Sheila LaBarre, nee Bailey, was born in 1958 and
grew up in Fort Payne, Alabama. She claims that she had been
physically and sexually abused when she was a young child, mostly at
the hands of her father.
Sheila Bailey got married to John Baxter on New
Year’s Eve 1981. She was 23 and her husband was 19. After only 6 weeks
of marriage John Baxter discovered that the bitch had been locking his
little girl up in a closet-sized room all day long when he was
working. He divorced her ass just after Valentine’s Day.
“The marriage didn’t last very long because as soon
as the truth came out about how I was being treated, he ran her off,”
the now-grown daughter said.
Kudos to John Baxter for putting his little girl
Sheila moved to Chattanooga next with husband #2,
Ronnie Jennings. It wasn’t a happy marriage. *shock*
Ronnie Jennings said Sheila was an unbalanced woman
who was placed in a psych ward after a suicide attempt during their
tumultuous 4-year marriage.
“She’s just crazy, to put it bluntly,” said Ronnie
Jennings. “Sheila didn’t care about anyone, she just wanted everything
her way.” His bride’s wild mood swings often turned violent.
Cathryn Jennings, Ronnie’s mom, said her son once
lay awake all night afraid his wife would kill him with scissors.
“She was very, very, very smart, but she was very,
very mean also,” said Cathryn Jennings. I believe her.
Sheila Bailey Jennings moved to Epping, New
Hampshire in 1987 after answering a personal ad placed by Wilfred J.
LaBarre. Bill LaBarre was a well-known, and respected chiropractor. He
was also recently widowed and quite well off. Bill LaBarre had a
million dollar horse farm in Epping, and a chiropractic office in
What was he thinking putting out a personal ad? Any
crazy loon bitch that was after his money could answer it. And did.
The man at least had the sense not to marry Sheila,
but she still took his name. She also became Bill’s office manager and
after their “romance” petered out, she lived in an apartment above his
office in Hampton.
Bill LaBarre’s daughter Laura Melisi was not
thrilled at all that Sheila had insinuated herself into his life. Not
thrilled at all! She did not trust the woman, and rightly so.
In 1995, the bitch Sheila LaBarre married Wayne
Ennis, a native of Jamaica. Again, it wasn’t a happy marriage. In
complaints filed in Hampton District Court, Sheila claimed that Wayne
Ennis tried to force her car off the road, then punched her in the
head and kicked her. She divorced him in 1996, but stayed in touch.
She’d also stayed in touch with Bill LaBarre.
In fact, Sheila LaBarre had done more than stayed
in touch with Bill LaBarre — she’d chased the man with a gun. She not
only chased him with a gun, she asked her ex Wayne Ennis to murder
Bill so she could take over his business and his farm. That was
according to Laura Melisi who went to court requesting a restraining
order to keep the psycho bitch away from her dad. A restraining order
was granted for a year.
Excuse me but WTF? Was there even an investigation?
Chasing someone with a gun, that’s illegal right? Soliciting a murder,
that’s illegal right? Seems like a missed opportunity to put the
psycho bitch in jail.
In 1998, Sheila LaBarre was charged with 2nd-degree
assault, according to Rockingham County Superior Court documents. The
charge alleged she stabbed her boyfriend James Brackett in the head
with scissors. Ouch!
Police termed the matter a “lover’s
quarrel/argument,” and eventually the case was dropped. Another missed
And then poor old Bill LaBarre died suddenly in
2000 and left Sheila LaBarre his entire estate — the Hampton office, 2
Somersworth properties, a Portsmouth house and the million-dollar,
115-acre horse farm in Epping. All told the estate was worth about $2
Excuse me but WTF? The woman who according to court
documents chased Bill LaBarre with a gun and tried to convince her ex
to kill him inherited everything after he died SUDDENLY? And that’s
There were even rampant rumours of poison! She’d
already stabbed a guy in the head! What does it take to arouse the
officialdom that this whole setup stank?
Needless to say, Laura Melisi was totally pissed.
She was convinced that Sheila had wound up controlling everything Bill
LaBarre owned through extortion and threats on his life and property.
Maybe Sheila did, maybe Sheila didn’t, but she was
much better off than she’d been before Bill LaBarre died. Lucky woman.
Sheila LaBarre took to living at the horse farm and
working on one of her favourite hobbies — badgering the police.
The Epping Police Department had records of more
than 100 calls from her, about everything from complaints about her
road and her neighbours to accusations of domestic violence. And not
just calls — the woman phoned, faxed, wrote letters and showed up in
Her goal seemed to be to get hunky police officers
to come out for a “visit” when she was feeling “frisky”. Officers were
subjected to getting an eyeful of Sheila LaBarre in various stages of
undress, and an earful of sexual innuendo. They were also subjected to
some pretty bizarre and outrageous ranting and raving.
This hobby of hers branded her as an eccentric kook
in the minds of Epping police officers. They just didn’t want to deal
with her. Maybe that explains a lot.
Kooky Sheila LaBarre had another hobby — assaulting
James Brackett. Yes, that’s the guy she stabbed in the head. In 2002
she tried running him over with a car. All in fun, I’m sure. And in
2003 she scratched his face and shot a gun at him. How kooky and
eccentric of her!
Could somebody please explain to me why James
Brackett didn’t press charges? I gotta tell you, if somebody tried to
run me over and shoot me, I damn well would camp out on the police
department’s doorstep until they locked the lunatic up!
Hellbitch Sheila LaBarre had yet another hobby —
sexual sadism. She didn’t like living alone at the horse farm and,
according to her neighbours, there was a regular procession of young
men that came to work and live at there. Many of them became her
lovers. And many of these young men were seen to be beaten or bloody.
None of them stayed long.
A couple of them even vanished. Maybe more, but
In the fall of 2005 Michael Deloge, 38,
disappeared. He was a developmentally disabled man Sheila LaBarre had
met and befriended at a homeless shelter in 2004.
Now what was Sheila the bitch doing at a homeless
shelter? She wasn’t homeless. Oh, right, that was where she picked up
a lot of the young, dispossessed, vulnerable men. She was a cougar and
that was her hunting ground. She offered a place to stay and sex, sex,
Michael Deloge must have thought he was onto
something good but it turned out to be pure, unadulterated hell.
According to Michael Deloge’s stepfather Gordon
Boston, Sheila LaBarre was fun and attractive, and he could understand
Michael’s fascination with her at first. That’s not to say that he and
Michael’s mother Donna didn’t have concerns about this relationship.
Michael and Sheila spent a lot of their time doing
drugs and studying sadistic material. Not good. And Sheila had a mean
streak, also not good. She beat him in front of witnesses even! Gordon
Boston and Michael’s mom both tried talking Michael out of staying
with the bitch to no avail.
Maybe Sheila didn’t appreciate Michael’s mother’s
meddling and decided to put an end to it. Michael Deloge, at Sheila
LaBarre’s instigation, made a video accusing his mother of allowing
him to be abused as a child.
“I’m starting to remember things about the past,”
Michael Deloge says in the video. “You really messed me up. You really
messed me up.”
Did he believe it? I don’t know. Did he say it
because Sheila forced him to? I don’t know. What I do know is that
Michael Deloge’s face was scratched and bruised in the video.
Michael also wrote his mother a letter saying he
never wanted to see her again. Sheila LaBarre had succeeded in cutting
all ties and communications between Michael Deloge and his mom.
Having Michael Deloge all to herself, Sheila’s mean
streak and sadistic nature asserted itself more and more. A neighbour
once witnessed Michael Deloge limping down the snowy dirt road leading
to Sheila’s house, dripping blood from his head. His ear had been
sliced. As he passed the neighbour Michael whispered, “Sheila.”
The hellbitch Sheila LaBarre had stabbed Michael
Deloge in the head with scissors. Sound familiar? Oh yeah, it’s what
she did to her boyfriend James Brackett! What a coincidence!
Michael Deloge, heaven help him, returned to Sheila
LaBarre’s tender mercies and began to look very ill and very thin. He
was soon never seen again.
And Sheila LaBarre was alone again, something she
didn’t like. So she began looking for fresh young meat.
In February 2006 the hellbitch hooked up with
Kenneth Countie through a singles phone chat line. Now Kenny Countie
was 24-years-old but had the mental capacity of a 12-year-old. He had
a form of autism and was extremely vulnerable to the evil machinations
of the manipulative, scheming Sheila LaBarre.
The two met up on Valentine’s Day 2006, and right
after that Kenny Countie moved to the farmhouse. He didn’t even return
to his Massachusetts home to collect his personal items.
His mother, Carolynn Lodge, was worried about him
because his habit was to call her or see her every day, and that had
come to a stop. She filed 2 missing-person reports because she felt
certain something was terribly wrong.
The first time Carolynn Lodge filed a
missing-person report was on February 24th, 4 days after a disturbing
phone call. The police found him at the farm in good shape. This
somewhat alleviated Kenny’s mother’s concerns.
Carolynn Lodge would definitely have been even more
concerned if she’d seen what the employees of Epping Wal-Mart saw on
March 17, 2006.
Store employees working that day noticed gashes on
Kenny’s face and arms and how the woman claiming to be his wife
stacked yellow diesel fuel tanks on Countie’s lap as he sat in a
wheelchair. Sheila LaBarre raised a real ruckus and police were
The officers saw Kenny in the wheelchair. “The man
(Countie) was described as having greenish/yellow skin color and being
quiet, almost timid, and keeping his head down the whole time and
never looking at anyone,” the police affidavit says.
Now what the hell was Kenny Countie doing in a
wheelchair? He was autistic, not paralyzed! Or maybe by then he was
Several days after the Wal-Mart episode, Sheila
LaBarre began driving around the area and asking if anyone had seen
Kenny Countie. Sheila told her neighbours Kenny was supposed to feed
her farm animals but had taken off. Hmmmm.
On March 23, 2006, Kenny’s mother filed the second
missing-persons report after she had a phone conversation with
she-beast Sheila. Kenny had left the farm, she was told. Kenny had
returned to Massachusetts, she was told.
Carolynn Lodge was desperate and rightly so. Where
At 1:00 a.m. on March 24th, Sheila called the
police and played a very disturbing audiotape for them. On it she
yelled at Kenny and accused him of raping several children, and Kenny
can be heard to be agreeing with her. And then Kenny can be heard to
be vomiting. And then Sheila was telling him to stop faking that he
Sounds like Sheila the she-beast LaBarre had
recorded the tail end of poor Kenny’s final torture.
The police, after hearing this bizarre phone call
at 1 in the morning finally show up at the farm at 6:00 p.m. to check
on Kenny Countie’s welfare.
Excuse me but once again WTF? The police had seen
the man beaten and wheelchair-bound in Wal-Mart, they’d gotten
missing-person reports on him, they heard him being abused on the
phone and they still waited 17 hours to check on him? Remind me never
to move to Epping!
So finally, finally the police respond and nobody
was home. They took a wee gander and what did they see? A burnt
mattress and box spring in the front yard. Strange. Remember those
yellow diesel fuel tanks Sheila bought from Wal-Mart? They were there
too. And there was more. There were several piles of hay still
burning, and a big old human bone with meat on it was sticking out of
one of them. Guess who!
Sheila LaBarre returned home and the police asked
her about that bone. She answered it was either “a rabbit or a
pedophile.” Wow. She wouldn’t allow the police to take it away.
And so the police LEFT and on March 25th they got
their first search warrant to search the exterior of the farm. Sheila
LaBarre was in her kitchen covered in ash and soot, holding a handgun.
She told Lieutenant Michael Wallace and Police Chief George Dodge
she’d burned a pedophile. That’s a confession, right? And then she
told them that Ken was in a bag and sure enough there were human bones
in a bag!
Lieutenant Michael Wallace and Police Chief George
Dodge suggested Sheila LaBarre go with them to the Epping station to
answer some questions. She agreed and as they were leaving, she turned
over the loaded pistol. Before getting in the police car, Lt. Wallace
asked the she-beast if she had any more weapons. Sheila answered by
flashing her breasts and unfastening her pants. Right away Lt. Wallace
asked her to stop that. Nasty!
In the interview, Sheila LaBarre handed over to the
police a suicide note she’d penned before the police came to search
her property. The note included her claims that Countie was a
pedophile and drug user. She also said that Kenny threatened to kill
himself and then left the farm.
After the interview ended, Sheila LaBarre was not
arrested, not in custody.
On March 26th the police returned with 3 more
search warrants. For the next few days hundreds of cops collected
evidence, including Michael Deloge’s clothing. There was blood on a
knife blade, and blood splattered in the kitchen, the living room, the
dining room, 2 bathrooms and a bathtub. And of course there were human
bones and teeth.
Police found evidence of older burn pits and blood
splatter so old it had layers of dust in it. Just how many men had
vanished? Nobody will ever know except Sheila the she-beast herself.
On March 28th Sheila LaBarre was still not in
custody. She was in fact being tailed by Epping’s finest. She had
$85,000 in cash and cheques on her person. I think she was planning to
Sheila the killer managed to elude the cops
(*shock*) and wound up on I-293 in Manchester. She hitched a ride with
a stranger she later rewarded with sex. The next day she had sex with
yet another guy in Boston.
On March 31st an arrest warrant was FINALLY issued
for Sheila LaBarre. Yeah, and she was long gone.
On April 2nd the hellbitch was arrested in Revere,
Massachusetts. She had cut and dyed her hair and was using a different
name. Luckily for the Revere police, Sheila’s face was on the front
page of the newspaper under the headline, “JUST PLAIN CRAZY.”
In her interviews with investigators, the she-beast
had a unique version of the “truth” about what happened to poor Kenny.
She said that they were lovers and she’d renamed
him Adam Olympian LaBarre. She’d cut off their relationship though
when he confessed to being a pedophile. She hates pedophiles.
Sheila also said that she and Adam Olympian LaBarre
went to bed on March 21 but when she woke up he was gone.
Sheila said she burned the mattress because she had
“slept on it with a pedophile”. And maybe, just maybe, Kenny Countie
fell into the fire. She denied she’d ever harmed him but didn’t feel
bad about his disappearance.
Sheila LaBarre was charged with 1st-degree murder
of Kenneth Countie and was denied bail. She surprised everyone by
admitting to 2 murders, which meant she faced 2 counts of 1st-degree
murder. She also pled not guilty by reason of insanity.
Sheila was counting on her eccentric, kooky, crazy
behavior winning the day for her.
Sheila the she-beast went to trial on May 13, 2008.
Her defense attorney Jeffrey Denner was armed with psychiatric reports
to show she was not evil, merely insane.
Defense psychiatrists said that Sheila LaBarre was
abused herself as a child and projected her own experience onto her
victims. They said she was able to convince the men that they were
pedophiles and had been victims of incest.
She then killed the men at different times on her
Jurors got to hear some of the hundreds of tape
recordings Sheila LaBarre made of herself, some of which featured her
interrogating or berating her victims.
Malcolm Rogers, the forensic psychologist who
testified for the defense, said those tapes showed that Sheila has
either a schizophrenic affect disorder or a delusional disorder that
caused her to mistakenly believe the men were pedophiles and to kill
Rogers also said she believes she once died but was
sent back to Earth as an angel with special powers. And, apparently, a
mission to kill pedophiles.
But that wasn’t quite the same story she told the
Sheila told Dr. Albert Drukteinis that she was
driven to kill Michael Deloge because he was hurting and killing her
rabbits and had said he wanted to kill her, too.
She said they both ran into the house and ended up
in the kitchen, where she grabbed a chain and began beating Michael.
Afterward, he was still alive, but bleeding from the head. Being all
loving and caring, Sheila told him to go to the hospital, but he told
her he deserved to hurt because he was evil. He just went to the couch
and was there for about 2 weeks when he took a turn for the worse and
Ummm, where’s the pedophile story? Where’s her
In another interview, Sheila said Kenny Countie’s
death was an accident. She said when she woke up one morning Countie
wasn’t in bed so she got up to look for him. ALL OF A SUDDEN Countie
was choking her with his hands!
Sheila wriggled out of his grasp and Countie told
her he had only come to the farm to steal money from her to support a
drug habit. The two of them argued, then fought. They somehow wound up
in the bathroom tub, and then Countie slipped and hit his head!
There you go — an accident! With self-defense
“He just stared up at me. He just didn’t move,”
blubbered Sheila LaBarre. “I started CPR on him. I didn’t know what
else to do. I was screaming his name … I tried everything, and in a
second or two I immediately started CPR on him. I used to be certified
years ago. I did the best I could.” Riiight.
When she knew poor Kenny was truly dead, Sheila
said she set him on fire to give him “a kind of Native American
See? She had a totally plausible explanation! It
was totally believable! *snort*
Ummm, but where’s the pedophile-must-die story?
Dr. Albert Drukteinis testified that he believed
Sheila LaBarre was sane, after spending more than 12 hours with her.
“She answered questions well, she tried to explain
evidence away that made her look bad. This is not what someone sees
over many hours in a person who is psychotic,” Dr. Drukteinis
Dr. Drukteinis suggested that Sheila could have
been faking or exaggerating symptoms of mental illness. Imagine that!
The good doctor also rejected the idea she believed
she was an avenging angel brought back to life to kill pedophiles.
Sheila’s actions were not consistent with believing
she had a moral duty to kill the men, Dr. Drukteinis testified. She
brought them into her house, lived with them, cared for them and had
sex with them before torturing and eventually killing them.
Accusing her victims of being pedophiles “may have
given her an excuse to kill them because she’s sadistic and because
that’s what her aim was, to be sadistic,” Dr. Drukteinis said.
Prosecutor Jim Boffetti told the jury, “She knew
what she did in both murders was legally wrong… She made careful
decisions to conceal her crimes and systematically destroy evidence.”
Jim Boffetti said LaBarre isn’t insane but
sadistic. “She taunted, tormented and tortured both men as part of her
In the end the jury agreed with the prosecution and
rejected Sheila LaBarre’s insanity defense. Sheila LaBarre, 49, was
sentenced to life in prison without parole.
It was a good decision, IMO, and it was the right
decision. And the jury came to it without even hearing about the toe
See, while sifting through the old burn pits on the
farm, investigators discovered toe bones that did not belong to Kenny
or Michael. So either someone left the farm without their toes, or
they didn’t ever leave the farm. RIP, whoever you are.
And 3 murders makes her a serial killer. So suffer
lots and rot in hell, Sheila LaBarre.
Supreme Court of New Hampshire
State v. LaBarre
Michael A. Delaney, attorney general (Ann M. Rice,
associate attorney general, on the brief and orally), for the
State.David M. Rothstein, deputy chief appellate defender, of Concord,
on the brief and orally, for the defendant.
The defendant, Sheila LaBarre, was convicted of the
first-degree murders of Kenneth Countie and Michael DeLoge, see RSA
630:1-a (2007), following a jury trial in the Superior Court (Nadeau,
J.). She appeals, arguing that the trial court erred by admitting
certain evidence. We affirm.
The record supports the following. On February 24,
2006, Sergeant Shawn Gallagher of the Epping Police Department
received two phone calls from the family of Kenneth Countie. They
reported that their son had been taken from Wilmington, Massachusetts,
by the defendant. Gallagher knew the defendant, having dealt with her
approximately two dozen times since 1995.
Gallagher confirmed through the National Crime
Information Center (NCIC) that the Wilmington Police Department listed
Countie as a missing person. At around 1:00 p.m., Gallagher and
Detective Richard Cote went to the defendant's home in Epping to check
The defendant's home was located on Red Oak Hill
Lane, a public dirt road. The road continued through the defendant's
property, although there was a gate in front of the defendant's home,
that, when closed, blocked the road. On her property were a
single-family dwelling with a barn, outbuildings, and pastureland. Her
property was bordered by a fence, barbed wire, and the gate between
her property and the road.
When the officers arrived at the defendant's home,
the gate was closed. They parked their cruiser outside the gate, and
climbed through the gate's rungs. They walked to the door and spoke
with the defendant through a window. Gallagher asked if Countie was
there, and the defendant said he was not. Gallagher told the defendant
they had an NCIC report from Wilmington and asked again if Countie was
present. The defendant then admitted he was. Gallagher asked if they
could see Countie to check on his well-being. The defendant initially
refused, saying Countie was naked and in the bathtub. She then left
the window, however, and brought Countie to the door. Gallagher
testified that Countie appeared “fine” and told the officers that he
was there of his own free will. The defendant told the officers to
leave her property, which they did.
On February 26, 2006, the defendant made three
phone calls to Gallagher, stating that the police had no right to go
onto her property, requesting a copy of the NCIC report that listed
Countie as a missing person, and threatening to sue anyone who went
onto her property again.
On March 17, 2006, Gallagher and Cote responded to
a call that a suspicious person was acting disruptively inside the
Wal-Mart Supercenter in Epping. When they arrived, they found the
defendant with Countie, who was slumped over in a wheelchair.
Countie's skin was ashen, he had cuts on his face and hands, and one
of his hands was swollen and not functioning normally. The defendant
told Gallagher that Countie received his injuries in a car accident.
When Cote attempted to speak with Countie, the defendant told Countie
not to say anything to him. The officers accompanied the defendant and
Countie out of the store, and Gallagher observed that Countie was
leaning on a shopping cart and “not walking properly.” The defendant
helped Countie into her truck.
On March 22, 2006, the defendant called Gallagher
to complain that he had characterized her as a “suspicious person” in
his report about the Wal-Mart incident. She also told him that Countie
had left her house. The next day, Countie's mother called Gallagher.
She said she was concerned because the defendant had stated that
Countie was no longer living with her, and Countie would have
contacted someone if he were on his own. She also told Gallagher that
her son could not be on his own because he had some “mental
deficiencies since birth.” Gallagher and Cote called the defendant
several times and left messages to find out where Countie was.
At approximately 1:00 a.m. on March 24, 2006, the
defendant called Gallagher. She told him that Countie had left and
then played a tape recording over the phone. On the tape, the
defendant identified herself as a justice of the peace in New
Hampshire and questioned Countie about raping children. Countie
replied “yes” to the defendant's questions in a soft, muffled voice.
At the end of the tape, Gallagher heard a heaving sound, and the
defendant told Countie to stop faking that he was “throwing up.” Then
on the tape she said, “Kenneth Countie is now faking that he's
throwing up .” Shortly thereafter the defendant told Countie to stop
faking that he fainted, and then said, “Kenneth Countie is now faking
that he fainted.” While this tape was playing, Gallagher heard the
defendant in the background “crying hysterically,” and saying “why,
why, why?” Then the tape ended.
Concerned for Countie's safety, Gallagher and Cote
went to the defendant's home at 6:00 p.m. Although the defendant had
told them Countie was gone, the police went to her residence because
in the past, she had had domestic disputes and told the police that
the person had left, but the police later found the person there. When
they arrived, the gate was closed but not locked. There were no lights
on in the house and all of the defendant's vehicles were parked in her
yard. From outside the gate, Gallagher saw a burnt mattress in the
Gallagher and Cote climbed through the rungs of the
gate and began walking toward the house. They passed the burnt
mattress and a second burn pile. Using a flashlight to illuminate the
pile, they saw what appeared to be a knife handle with a melted blade,
tree limb clippers, a partially burnt chair, and a piece of bone. The
bone was approximately three and a half inches long with a large piece
of fleshy material attached to it.
The officers walked to the door and knocked several
times, identifying themselves as Epping police officers. No one
answered the door, so they returned to their cruiser. Gallagher was
concerned that the bone was part of Countie's remains. Gallagher
called an assistant county attorney who told him he had sufficient
evidence to conduct a “well-being check” concerning Countie.
Cote called for assistance and Officer Bradley
Jardis responded. Officer Jardis took his patrol rifle from his
cruiser and carried it pointing down in an “administrative carry,” and
the three officers walked to the home. Gallagher knocked on the door
while the other two officers banged on the side of the house and
windows. When no one responded, they went back to the door and
Gallagher kicked it open. Simultaneously, Gallagher heard a commotion
and saw the defendant walking from the gate toward them.
The defendant told the officers that Countie was
not there. Gallagher asked if they could go inside to check. The
defendant invited them in and gave the officers a room-by-room tour of
the house. Gallagher testified that she seemed “happy” as she gave the
tour. In the basement, the officers found a pair of sneakers that the
defendant said belonged to Countie. She told the officers they could
not take them.
After the tour, the defendant and the officers
walked outside. Cote asked the defendant about the bone. The defendant
replied that it was from a rabbit and explained that she usually
cremated her rabbits. When Cote observed that the bone was too big to
have come from a rabbit, the defendant became agitated and said that
it was from either “a rabbit or a pedophile.” Gallagher asked her why
she said it was from a pedophile and the defendant denied that she had
said that. The officers asked if they could take the bone, but the
defendant refused. The defendant asked them to leave, which they did.
Based upon his observations on March 24, Gallagher
obtained a warrant to search the exterior of the defendant's home.
Officers from the Epping Police Department and the New Hampshire State
Police executed the search warrant on the morning of March 25, 2006.
They seized several items and interviewed the defendant, who signed a
consent-to-search form for her home.
On March 27, 2006, the defendant was interviewed by
Sergeant Robert Estabrook and Chief Gregory Dodge of the Epping Police
Department. During the interview, the defendant discussed the events
of March 24. She told the officers that when she arrived home that
night she found the police were already there and she let them inside
her home. She described Officer Jarvis as being quiet and did not
mention he was carrying his firearm. At the end of the interview, she
Before trial, the defendant moved to suppress the
physical evidence seized during searches of her home and property. She
argued that the officers' entries onto her property on February 24,
2006, and March 24, 2006, violated her state and federal
constitutional rights to be free from unreasonable searches and
seizures because the police entered her property without a warrant and
no exceptions to the warrant requirement applied.
After a two-day evidentiary hearing, the court
denied the motion. The court found that because the police “neither
entered nor searched the defendant's home” on February 24, the police
did not violate the defendant's constitutional rights. The court also
found that the community caretaking and emergency aid doctrines
justified the March 24 entry. The court further concluded that the
“defendant freely, knowingly, and voluntarily consented to the search
of her home.”
The defendant was indicted on one count of
first-degree murder for the death of Kenneth Countie. She entered a
non-negotiated plea of not guilty by reason of insanity and filed a
notice of insanity defense. At the same time, she waived indictment
and pleaded not guilty by reason of insanity to first-degree murder
for the death of Michael DeLoge. The jury found her sane and guilty of
both charges. This appeal followed.
On appeal, the defendant does not challenge the
police entry onto her property on February 24. She argues, however,
that the trial court erred in finding the officers' actions on March
24 were justified under either the community caretaking or emergency
aid exceptions to the warrant requirement. She also challenges the
trial court's finding that she voluntarily consented to the officers'
entry of her home that night. The State contends that the defendant
waived her right to challenge the denial of her motion to suppress by
pleading not guilty by reason of insanity and foregoing the guilt
phase of the trial. Alternatively, the State argues that the community
caretaking and emergency aid exceptions apply, and the defendant
consented to the search of her home. We hold that the defendant did
not waive her right to appeal, but that the search on March 24 was
justified by the police's community caretaking function and the
We first address the State's argument that the
defendant waived her right to appeal the trial court's ruling on her
motion to suppress. The State relies upon the acknowledgment and
waiver of rights form the defendant signed before pleading not guilty
by reason of insanity and the plea colloquy. Specifically, the State
points to language in the acknowledgment of rights form which lists
the constitutional rights a defendant gives up by pleading guilty,
including the “RIGHT to appeal, if convicted.”
The defendant argues that she did not waive this
right. Before she signed the form, defense counsel altered the form to
clarify that the defendant was pleading “not GUILTY by reason of
insanity” and that the waiver of rights was specifically limited to
“the non-insanity issues/phase only.” Therefore, the defendant argues
that she did not waive her right to appeal the admissibility of the
evidence the State introduced to prove she was sane at the time she
committed the murders. We agree.
When a defendant in a criminal case waives the
right to appeal, it must be knowing and intelligent. See, e.g., United
States v. Hahn, 359 F.3d 1315, 1325 (10th Cir.2004), cert. denied, ---
U.S. ----, 129 S.Ct. 212, 172 L.Ed.2d 158 (2008); United States v.
Andis, 333 F.3d 886, 890 (8th Cir.), cert. denied, 540 U.S. 997, 124
S.Ct. 501, 157 L.Ed.2d 398 (2003); United States v. Khattak, 273 F.3d
557, 561 (3d Cir.2001). A knowing and intelligent waiver must be clear
and unambiguous. See United States. v. Jones, 381 F.3d 615, 619 (7th
Here, the defendant's waiver of her right to appeal
was not unambiguous. The defendant's alteration of the waiver form
conveyed her intent to waive only the rights associated with the
non-insanity or guilt phase. The motion to suppress, however,
concerned evidence that was relevant to both the guilt and sanity
phases of the trial. Accordingly, the defendant's waiver of her right
to appeal issues related to the guilt phase of the trial was
insufficient to waive her right to appeal the trial court's ruling on
the motion to suppress. In addition, at the plea hearing there was no
discussion by the court, and no acknowledgment by the defendant, that
she was in any way giving up her right to appeal the ruling on the
motion to suppress. Therefore, we cannot conclude that the defendant
waived her right to appeal the trial court's ruling on her motion to
Next, we address the defendant's argument that the
trial court should have suppressed the evidence and statements the
police gathered as a result of an illegal search of her property. See
N.H. CONST. pt. I, art. 19; U.S. CONST. amend. IV. “Our review of the
superior court's order on a motion to suppress is de novo, except as
to any controlling facts determined by the superior court.” State v.
Denoncourt, 149 N.H. 308, 309, 821 A.2d 997 (2003). We first address
the defendant's claim under the New Hampshire Constitution, citing
federal cases only to aid in our analysis. See State v. Ball, 124 N.H.
226, 232, 471 A.2d 347 (1983).
Part I, Article 19 of the New Hampshire
Constitution protects against unreasonable searches and seizures.
“Under Part I, Article 19, ․ warrantless searches are per se
unreasonable unless they fall within the narrow confines of a
judicially crafted exception.” Denoncourt, 149 N.H. at 310, 821 A.2d
997. The State bears the burden of establishing that a search falls
within one of these exceptions. Id. Here, the trial court found that
the officers' warrantless search of the defendant's property on March
24 was justified by the community caretaking exception to the warrant
requirement. We agree.
We first adopted the community caretaking exception
to the warrant requirement in State v. Psomiades, 139 N.H. 480, 482,
658 A.2d 1190 (1995). “Separate and apart from conducting criminal
investigations,” police engage in community caretaking functions such
as “helping stranded motorists, returning lost children to anxious
parents, [and] assisting and protecting citizens in need.” State v.
Seavey, 147 N.H. 304, 311, 789 A.2d 621 (2001) (Duggan, J. dissenting)
(quotation omitted). “Evidence found in the course of caretaking
activities is usually admissible at trial.” Denoncourt, 149 N.H. at
310, 821 A.2d 997.
We explained in State v. Boyle that, to justify a
search under the community caretaking exception, the police officer
must be able to point to specific and articulable
facts which, taken together with rational inferences from those facts,
reasonably warrant the intrusion. We judge these facts by an objective
standard: would the facts available to the officer at the moment of
the seizure warrant a person of reasonable caution to believe that the
action taken was appropriate.
State v. Boyle, 148 N.H. 306, 308, 807 A.2d 1234
(2002) (quotation and citation omitted). “To determine whether the
grounds for a particular [search] meet constitutional requirements, we
balance the governmental interest that allegedly justified it against
the extent of the intrusion on protected interests.” State v.
Craveiro, 155 N.H. 423, 427, 924 A.2d 361 (2007). “[T]he [search] must
be totally separate from the detection, investigation or acquisition
of evidence relating to a criminal matter.” Id.; cf. State v. D'Amour,
150 N.H. 122, 126, 834 A.2d 214 (2003) (separation of community
caretaking function from investigation of criminal matter “need only
relate to a sound and independent basis for each role”).
The circumstances in this case justified police
entry onto the defendant's property under the community caretaking
exception. Countie's family made numerous phone calls to the Epping
Police Department indicating concern for his safety because Countie
could not care for himself. When the officers first met Countie on
February 24, he appeared fine, but when they saw him on March 17, he
was visibly injured. Furthermore, Countie's mother stated that the
defendant told her that Countie had left the defendant's home to go to
Massachusetts but he had not contacted his family, which was unusual
The events of March 24 reinforced the possibility
that Countie was injured. In the defendant's phone call at 1:00 a.m.,
Countie could be heard vomiting on the audio tape and the defendant
said he had fainted. Although the defendant told the officers and
Countie's family that he had left, the police had reason to believe
she was lying. She had previously lied to the police when they went to
her home on February 24 to see if Countie was there. The defendant
initially told them he was not there but then brought him to the door.
The officers also knew that the defendant had a history of arguing
with partners who left her home but returned later. All of these facts
were enough to cause “a person of reasonable caution” to believe that
Countie might have been injured and at the defendant's residence. See
Boyle, 148 N.H. at 308, 807 A.2d 1234.
The record also demonstrates that the police
entered the defendant's property to check on Countie's well-being, not
to investigate a crime. When they pulled up to the defendant's gate on
March 24, they had no reason to suspect that a crime had been
committed. D'Amour, 150 N.H. at 126, 834 A.2d 214. Given the
circumstances outlined above, however, the police had reason to
believe that Countie could be injured. The officers' concerns for
Countie's well-being, and the likelihood that he was still at the
defendant's home, outweighed the intrusion onto the defendant's
property. See Craveiro, 155 N.H. at 427, 924 A.2d 361. Therefore,
police entry onto the defendant's property on March 24 was justified
under the community caretaking exception to the warrant requirement.
Because we find that the officers' actions were
justified under the community caretaking exception we need not
consider the State's argument that the emergency aid exception
applied. We also need not address the State's argument that the police
were justified in forcibly opening the door to the defendant's home
under the community caretaking exception because the police did not
enter the defendant's home at that point and their actions did not
lead to the seizure of any evidence.
We next consider whether the defendant consented to
the officers' entry into her home on March 24. The defendant argues
her consent was invalid because: (1) her consent was vitiated by the
unlawful police entry onto her property; and (2) she was intimidated
by the three officers, one with a gun, who had just forcibly opened
her door. As discussed above, however, her first argument fails
because the entry was lawful. The State counters that the defendant's
interactions with the police that evening demonstrate that she
voluntarily consented to the search of her house. We agree.
Like community caretaking, a “voluntary consent
free of duress and coercion is a recognized exception to the need of
both a warrant and probable cause.” State v. Johnston, 150 N.H. 448,
453, 839 A.2d 830 (2004) (quotation omitted). The State must prove, by
a preponderance of the evidence, that the defendant's “consent was
free, knowing and voluntary.” Id. “Voluntariness is a question of
fact, based on the totality of the circumstances.” State v. Watson,
151 N.H. 537, 540, 864 A.2d 1095 (2004). “We will disturb the trial
court's finding of consent only if it is not supported by the record.”
The trial court concluded that the evidence
“show[ed] that the defendant was not ․ threatened, frightened,
intimidated or coerced into giving consent.” This finding is supported
by the record. Gallagher testified that Officer Jarvis “held the
weapon in an administrative carry, pointing at the ground,” and the
defendant described Jardis as “quiet” in her interview with police on
March 27. Moreover, in that same interview, the defendant told Dodge
that she “let [the officers] in.” Finally, when Gallagher stood with
the defendant on the porch and she said Countie was not there, he
asked her if the officers could go inside and check. The defendant,
without hesitation, invited them in.
In addition, the defendant was familiar with the
police and the officers testified that she had been assertive with
them in the past. On March 24, the defendant refused to let the police
take Countie's sneakers or the bone from the burn pile, and when the
defendant told the police to leave, they did. Based upon the totality
of the circumstances, we hold that the trial court did not err in
ruling that the defendant freely, knowingly and voluntarily consented
to the search of her home. Accordingly, the trial court's finding that
the defendant consented to the search of her home is supported by the
record and will not be disturbed. Watson, 151 N.H. at 540, 864 A.2d
Because the State Constitution provides at least as
much protection as the Federal Constitution under these circumstances,
see Boyle, 148 N.H. at 307, 807 A.2d 1234, we reach the same result
under the Federal Constitution as we do under the State Constitution.
BRODERICK, C.J., and DALIANIS, HICKS and CONBOY,